this video just in from the scene. at least 20 people are hurt. this crash happened this afternoon near hanford. that's about 30 miles south of fresno. and we have live team coverage tonight. we begin with dan rubin from our nbc station in fresno who is at the scene with the very latest. >> reporter: just about 12:20 this afternoon. if you can look off in the distance here, you can see there is a trailer. it was a double trailer hauling. that's what smacked into this five-car passenger amtrak train. now initially the train didn't come off the tracks, just slightly a little bit on the front part of the train. >> okay. as you can hear we're having audio difficulties from our reporter in fresno. there were more than 20 injuries. many of those people from the bay area. and this whole journey started in oakland this morning. in fact, let's bring in nbc bay area's stephanie trong. presumably there are many bay area passengers on this train. we already know of many, don't we?

>> there is one who says he was supposed to get on that train, train 712 leaving here this morning at 7:30 from this port of oakland station down to bakersfield. he says he is from orange county, and he was headed down there this morning. he missed it and decided to come back later. now he is inside that station waiting for that sky 50 train, the last one of the lines, and he is counting his blessings. >> i feel blessed. i feel like god had a hand in it, absolutely. it wouldn't do me any good to be stranded halfway between here and merced. this is a much better place to be. >> now today's crash happened in a part of kings county. we have learned that there is a recent history of amtrak crashes in kings county where today's accident happened. according to the federal railroad administration, there have been three amtrak crashes at public and private acrosses in kings county since 2009. two in 2009 involving a truck and a truck trailer like today, and one in 2010 solving a

pedestrian. again, we still don't know what caused today's truck trailer to crash into the train. but we are also just now learning that there has been a second crash involving a train in kings county in that same area. we hear it involves a freight train and a truck. so no passengers apparently this time around. a few details now. we'll work on that and get you an update tonight on nbc and also on nbcbayarea.com. live in oakland, stephanie trong, nbc bay area news. new details now. more defiant and determine and that ever, tonight vallejo's mayor is not staying quiet after someone torched his law office over the weekend. the fbi is investigating the fire as a possible act of domestic terrorism. nbc bay area's jodi hernandez joins us in vallejo this evening. jodi, what do we have tonight? >> reporter: raj, vallejo police say they fully expect to have the fbi and atf help in this investigation. they say evidence that they

pulled from mayor osby davis' office has now been sent to an atf lab. meanwhile, the mayor is finally talking about what happened here. mayor osby davis talked to reporters about the arson fire for the first time this morning. he said he does believe the torching was political. while he would not elaborate on who he believes is behind it, he certainly has had plenty of critics through the years. he has most recently taken a lot of heat for a slew of officer-involved shootings. the mayor says whoever is responsible, he is determined not to let this steer him from his profession as a lawyer or from his duties as mayor. >> although i believe that the last criminal act is part of an escalating attempt to intimidate me, let me make it very, very clear. it has failed. i am not now nor will i ever be intimidated by such cowardly acts of vandalism or criminal conduct. >> reporter: and we are back here live.

we once again confirm today that the police have located surveillance video of what happened here saturday morning. they are hopeful that that video will assist them in their investigation. police are also reiterating that this may be a possible act of domestic terrorism. they are investigating it as such. they say the evidence that should come back from the atf lab results should come back within a week. reporting live in vallejo, i'm jodi hernandez, nbc bay area news. opening statements today in the trial of the woman accused of killing 26-year-old nursing student michelle le. her family packed the oakland courtroom today. they began by showing a picture of le smiling and later a surveillance video in the parking lot where she was last seen in may of last year. le's body was found four months later. prosecutors say suspect gisele esteban was jealous of le and

blamed her of ruining the relationship she had with her child's father. marc klaas, whose daughter polly was killed in 1993 helped with the search for le's body and was in court today. >> they need to be here every day just as a sitting reminder to the jury that this is really about their cousin, daughter, sister, and not so much about justifying the horrible deeds of the defendant. >> esteban's attorney declined to comment today. the trial is expected to last one month. well, we're feeling it, extreme heat. that means extreme fire conditions. it will continue tomorrow. so much so, is only's park will be shut down tomorrow. across the bay area, parks and fire departments on high alert. jeff ranieri tracking some of the hottest spots. jeff? >> no doubt right now we are near and approaching some widespread record-setting temperatures across the east bay. you're feeling it the most back

in the tri-valley with current numbers from 97 in walnut creek to 97 in daniel and 99 in livermore. numbers have started to go down slightly from the peak today where we did top out at 103 in gilroy. 102 in walnut creek, and 100 in livermore. let's take you live outside of the hd sky camera network. we do have some blue skies in san jose. the winds trying to shift a little bit more to an onshore flow as keeping some of the haze down. but that air quality is suffering. as we get you back to the weather boards, heat is going to stay with us for tuesday that will keep that fire danger up there. a few 100s expected. but a cool wind will develop over the next 48 hours so. so that is going to improve our air quality a little bit for the east and also the south bay. we're going to talk more about all of this widespread weather, and when we could see our next best chance of showers coming up in the full forecast. >> all right, thank you so much, jeff. the bay area is starting to see signs of economic recovery. home sales are improving and

consumering are starting to spend. construction is also picking up in san jose. but the city apparently is not prepared. and that's causing delays. nbc bay area's kris sanchez is live in san jose with why one businessman blames the city for losing nearly everything. kris? >> reporter: hi there, janelle. well, if you have ever been through a construction project, then you know that things don't move nearly as fast as you hope that they would. but in san jose for months, things were taking a lot longer than they were supposed to. and that's primarily because the planning department was decimated by the recession. >> great ice cream. very good. >> reporter: this cream i have a fixture in this san jose downtown, at least it was until owner jeff mullen closed in order to move into a new space after ten years in business. >> my expectation of downtime was two to three months, okay. it turned into eight months. >> reporter: mullen says he lost $400,000 in revenue and nearly lost his home and his customer base. and while he was closed, other similar businesses moved in. he places much of the blame on

the city of san jose's permit process. >> we felt like it was a moving target. my contractor was here meeting the inspectors. i would come in, and then we would get a new list of things that we would have to fix. >> reporter: the city's permit department is funded by user fees. so when the economy tanked and people stopped building and remodeling, the planning, building, and code enforcement department shank by about 100 staff members. >> and you can see 80% of the desks were empty. and we sat there for 45 minutes, an hour sometimes, hour and a half just to have them look at the plans and check something off. >> reporter: as the economy recovered and construction picked up, the city was understaffed. the assistant director of the planning department says that has now changed. >> in 2012, we have hired new inspectors, new plan check engineers, as well as new planners. and right now we are back at our timelines for building inspection. and what that means is if people need a home inspection, they can

call and get an inspection the very next day. >> reporter: that there is more staff in the planning department is evident, but it may be too late. mullen tells us he knows of at least one business owner prepared to sue the city over the permit delays. and for his part, if business picks up, he doesn't know if he'll expand in san jose. >> extremely frustrating. i mean i would really consider if i want to open another business in san jose. >> reporter: now by way of comparison, last august to this august, the city issued 600 more building permits this year than last year, and they've done more than 4,000 additional field inspections. so things are clearly picking up. by the way, you may have heard that casino matrix here in san jose has filed suit against the city, alleging that their four-month delay in their grand opening is the city's fault. that, however, had nothing to do with building permits and construction. that has to do with the complexities of running a gaming establishment. in san jose, kris sanchez, nbc

bay area news. two fishermen remain missing tonight after their boat capsized yesterday. the coast guard spent most of the day searching for the men where their boat overturned near the san mateo coast. four friends left san francisco in an 18-foot boat and headed out to half moon bay. a big wave smacked into the boat, sending all four overboard. now two of the men had life jackets and swam to shore. the other two were not wearing life jackets. their family and friends are not giving up hope that they are alive. still ahead at 5:00, he launched his career living inside a bay area tech building. and now he is moving up. the high-tech squatter who has a new venture. and it is a license to live in california? the latest victory for the state's undocumented immigrants. plus no one can escape hacking. what we're learning about a high profile attempt on the white house. [ female announcer ] pillsbury crescents on their own are wonderful

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meanwhile, campaign staffers and volunteers were very busy going door to door, encouraging voters to cast their ballots early. just before the state deadline, governor brown signed the bill allowing young undocumented residents to qualify for california driver's license. there is a catch, though. only if they're accepted by a federal work permit program can they get the california licenses. the new law could impact an estimated 400,000 people under the age of 30. it takes effect january 1st. but those familiar with the program don't expect a rush to the department of motor vehicles. >> i think it's going to take a few months for individuals once they receive their deferred action, then they'll be going to the dmv offices and applying for their driver's licenses. >> the bill's author, an l.a. assembly member says the new law will make the highway safer for all californians. starting today san francisco is strictly byob. plastic bags are banned from all retailers, not just grocery stores and pharmacies. the new rule is an expansion of

a 2007 law in the city. business also be charging customers 10 cents for any other type of bag they hand out. restaurants are exempt, but only for the next year. you might remember this story. he became famous for squatting inside a gigantic silicon valley tech company, literly sleeping anding there u the security guards caught him. today he has a company of his own. let's bring in nbc bay area's business and tech reporter scott budman. his own company, does that mean his own apartment? th's my question. >> reporter: a little bit of both. i get asked a lot about phones, tablets and whatever happened that guy who lived inside aol for two months? tonight we have an date. he has a place to stay of his own and has just launched company aimed at hel teachers. after taking a quick outside break with his head of business the ht forric simo, inside in young man running a startup. >> ye on twindow.

>> it's been pretty -- it's bee goal, ing teers together networking. >> go to this website and ty can ind teacherst teach the same things. and they can ask them questions. they say hey, i'm teaching something about learning equations. how did you teach this in your class? >> reporter: this website would be qwayco. it's the latest turn for simons, who became famous late last year when he camped inside aol for two months without the company knowing it. >> i really hope i do something more significant than that before i die. here lies the aol squatter. >> reporter: instead of running from his notoriety, he says it's part of what defines him and his small company. >> the reason why i did that is still very prevalent. we're extremely scrappy here. we're a startup. >> reporter: which is learning the ropes as it helps others

teach. >> they are raising investor money. they hope to buy another nearby house and expand its staff by 100% over the next six months. raj? >> good see him. thanks, guys. yahoo ceo marissa meyer gave birth to a baby boy last night. she claims she'll be back to work in about a week. the baby's arrival comes three months after she took over yahoo. the 37-year-old plans from working from home in the meantime. a company spokeswoman says meyer is involved in all critical decision. and in terms of all critical decision-making process at yahoo. news of the birth of her first child was announced via twitter by her husband zachary. both mom and baby are doing great, and they couldn't be more excited. >> congratulations to them. it was a scorcher outside. how long it is going to last? let's check in with chief meteorologist jeff ranieri. >> oh, yes, numbers in the upper 90s, also some low 100s. if you are just tuning in and happened to miss the temperatures, this is highly rare for october. not only hot inland, but also

back into the coastline, some of the hottest weather in the extreme interior valleys. 100 in livermore. we did get close to a record-setting temperature here in livermore. but we definitely did not surpass our hottest summer day we had, reaching 105 dress on august 11. just two degrees shy here of setting a new record. otherwise what we're finding is all of the hot air is trapped for those of you back in the east bay. record or not, it is sweltering out here. pretty hard to deal with today. 98 in pleasanton. 99 in livermore. 97 in danville. even back by the bay, 97 in oakland and 90 in hayward. as we head throughout the next couple day, at least the next 24 to 48 hours, we'll gradually get some changes in here. but it's going to be slowest to occur right throughout the north, south, and also the east bay. so it seems like some simple reminders. but plenty to drink plenty of water, take frequent drinks and also remember the pets. let's take you live outside to

the hd sky camera network. you're feeling the heat in san francisco. but note that flag on the right side of your screen. it's blowing more out of the west. so a little bit more of an onshore flow starting to develop. and that's a good sign, at least if you want the cooling. we have this area of high pressure that produced the heat yesterday and also for today. that's going to gradually start to fade. and here is the game-change their week. it's this upper area of low pressure. providing some cooler winds. we definitely think as we head into wednesday and thursday's forecast. that's when temperatures could drop an estimated 10 to even 20 degrees for some locations. as for tomorrow, a mix of 60s and 70s at the coastline. widespread sunshine. and then we'll find anywhere from 80s by the bay to also 90s for the interior valleys. so, again, wednesday is look when we look for the cooler winds to transition back in here and get changes we're more used to for october. 95 in san jose for tuesday. 100 in gilroy. 96 in los gatos. also 93 in palo at total. widespread hottest spot, probably no surprise if you live

in the east bay, 101 in walnut creek. 99 in concord. 99 in pittsburg and 80s to 90 from hayward to fremont. 82 in san francisco. near record-setting highs again. 87 in berkeley, and also 85 in oakland. on your three-day forecast we have temperatures dropping off dramatically by thursday. instead of low 100s inland, we're going to go with more mid-80s. by this weekend a stark contrast. temperatures dropping into the 70s. there is fall. hello, october. looking a lot better. and then as we head through about monday of next week, we're looking at maybe some showers developing offshore. and you know it's hot. i saw on cnbc maria bartiromo, i'm friends with her, i used to work with her in new york. she was actually fanning herself. she was in san francisco. and i think she got caught off camera. hi, maria. you know it's hot when you see somebody fanning themselves in san francisco. >> thank you, jeff. >> you're welcome. still to come, warm weather and whales. the unique sight in the bay area today. and money in your pocket. the credit card company giving

back to some of its customers. stay with us.

the white house tonight is downplaying a cyberattack on its computer system. a white house official speaking anonymously said technicians identified the attack and isolated the system to prevent it from spreading. the official says hackers targeted a network which did not contain any classified material, and noted that such attempts have happened before, and they have mitigation measures in place. let the holiday hiring begin. macy's is hiring in a big way. 80,000 temporary workers. that's up about 2% from last year. the jobs will be in both macy's and bloomingdale's for stores, distribution, and call centers. kohl's, toys r us and walmart are among the other companies that are also hiring for holiday. american express got caught, and now it has to refund customers $85 million. u.s. regulators say three subsidiaries of the company

broke consumer protection laws. so american express must refund approximately 250,000 customers. they misrepresented perks customers would receive if they applied for a credit card. also, the company charged certain consumers higher late fees than are legally allowed. american express is responsible for notifying customers who will be getting reimbursed. they are expected to send the refunds by march of next year. we spotted some big, really big visitors to the bay area today. we'll show you next.

take a look. you see it down below. a pair of frolicking humpback whales are the only thing that

could make the legendary golden gate bridge even more scenic. our nbc chopper spotted the pair today hanging out near the surface and spouting off. it's a good week to be in the city, oracle world, fleet week, america's cup, a lot going on here. the whales swam around for about a half an hour, got a good look at the skyline and headed back out to sea to resume their migration. >> i need to do what they're doing, cool off in the ocean, a swoochlt. >> good times. >> somewhere around the beach. >> hot temperatures sticking around for another day? >> at least into tuesday. let's get a look. some simple reminders. remember to drink plenty of water. take frequent breaks. remember the pets. you'll need to take them inside for tomorrow as we are expecting upper 90s and low 100s inland. 80s by the bay and 70s at the coastline. as we head into the upcoming weekend there is the dramatic drop-off with fall-like weather. temperatures in the 70s. maybe, just maybe even a chance of showers as we head throughout next monday. it's good that it's at least hinting at some showers, but no

big storm yet. >> visitors, it is really that hot in the bay area? >> they're getting that water there in san francisco i'm sure. >> we'll see you again for more local, including we'll update the 002 train accident nears fresno tonight at 6:00. >> good night. see you soon. ♪ [ female announcer ] at yoplait, we want you to feel even better about your favorite flavors. so when you call, tweet, and post, we listen. that's why yoplait light and yoplait original are now made with no high fructose corn syrup. and why we use only natural colors and natural flavors in yoplait original. so, anything else we can do for you, let us know. but you'll keep it to yogurt, right? 'cause we shouldn't really help with your love life.

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